New law for HOAs cuts into turf rules

By Tracy Hobson Lehmann :
August 30, 2013

Neighborhood associations that come calling when grass blades get a millimeter too tall might have to rethink their landscaping ideals. A state law that went into effect Sunday prevents property owners' associations from shunning drought-resistant landscaping.

Homeowner associations still can require residents to submit landscape designs for approval, but plans cannot be rejected based on plant selection. HOAs also cannot prevent owners from composting or leaving grass clippings on the lawn, installing rain barrels or rainwater harvesting systems or using drip systems or other efficient irrigation system as long as it's in keeping with the neighborhood aesthetic.

“It does not give owners carte blanche,” said Elliott Cappuccio, an attorney with the firm of Pulman, Cappuccio, Pullen, Benson and Jones, which represents about 300 property owner associations statewide. “The homeowner still has to come up with a reasonable plan.” A board still can ask an owner to submit a plat, a drawing and even material samples to get approval for changes.

If that plan calls for rocking over the front yard with decomposed granite or pea gravel, it likely will be rejected. “That's not going to fit with the characteristics of the neighborhood,” said Cappuccio.

Judy Monger, executive director of the San Antonio chapter of the Community Associations Institute, said the effects will vary. “It will greatly depend on the manager and the architectural review committee and how the homeowner reads this statute and interprets it.”

One of the challenges lies in the definition of xeriscaping, said Juan Soulas, a senior conservation planner for San Antonio Water System. “There are a lot of misconceptions out there.”

Sir Oliver Smith, a member of the local chapters of the master naturalists and master gardeners, sees more acceptance of drought-tolerant landscaping, but there's still a big learning curve, he said. He receives a couple of letters a year from his HOA regarding the landscape at his home in Crownridge.

“I get notices saying my lawn isn't maintained. I don't have a lawn,” said Smith, who took out all the lawn on his half-acre lot. “It's on a hillside, and if you water it runs down the street because it's all rock.”

During his 18 years in the neighborhood, he's seen others make the switch from grass to drought-tolerant landscapes. “If you look at the lots (in Crownridge) that aren't developed, they're much more natural than manicured lawns,” he said. The natural landscape features motts or oaks and cedar, a look he has re-created around his house with a variety of tall shrubs and small trees.

He estimates at least half the neighborhood no longer uses sprinklers, and the HOA has recognized drought-tolerant yards with landscape awards. However, neighborhood covenants haven't kept up with the changing landscape. “The covenants go back to when the tract was opened 30 years ago,” he said, and that often results in letters about maintaining lawns or removing weeds.

One of his neighbors was told to remove a patch of horseherb that sprouted in her yard. Austin nurseries sell the plant, which bears small yellow flowers, as a groundcover, he noted.

Carolyn Thacker works with Association Management Services, the company that manages Crownridge and other area neighborhoods. Almost all the HOAs she works with have encouraged the switch to drought-tolerant plantings. “The HOAs, in their own common areas, have the same problem. They're trying to keep plantings in the common areas alive.”

In her experience, Thacker said, architectural control committees support landscaping that conserves water, as long as it's not all rock or mulch. “You want a little color as long as it's the right plant selection,” she said.

SAWS, which works to educate homeowners and HOA boards, prefers to use the term water-saver landscape rather than xeric. “I think xeric has the letter x, and that throws people off,” Soulas said.

A landscape that's one-third beds, one-third lawn and one-third hardscape is a good formula, he said. Beds require less water than even drought-tolerant turf, he said, and the hardscape requires no water.

The law “makes it easier for the homeowner to do what they can to conserve water while still being respectful to the aesthetic the HOA aspires to,” he said.